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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

in thinking my neighbours are being pathetic over a fence post!!!

53 replies

sweetkitty · 29/05/2014 12:54

This is giving me the rage today!

Two detached house separated by a 6 foot fence. Fence posts on our side but before we moved in we assume neighbours replaced original builders fence (which everyone else has) with posh fence so the two sides if their garden are the same. On the other side of out garden we don't have fence posts so that's other neighbours fence IYSWIM.

So we decided to extend the fence and make our in fenced side garden into our back garden, increase size if back garden put a she's there etc. So fence runs at 90 degrees to house then runs to a post then posh neighbours fence starts. We planned to move the fence 90 degrees on the post and extend with new fence. We don't encroach on neighbours property at all and as the fence is already attached to the post we are only moving it round.

Now neighbours have said we cannot do this, that the post belongs to them and they don't want it touched. The post is in what I assume is our property but they are saying no it's actually theirs and they paid for the post and the fence.

I agree the fence is theirs but everyone else has 6ft fence as standard so why did they not have and pay extra for the posts?

I actually can't believe they are arguing about a bloody fence post that our fence is already attached to!

I couldn't be bothered arguing yesterday so said fine well just run it for the next post about 2 feet away which means we lose 2 feet of garden but I can't be doing with the hassle.

The other option is to sink a post next to the "debated " post and use that instead.

I can't believe that we don't own any of our side fencing to our garden though???

Can anyone she's any light on this?

OP posts:
PrimalLass · 29/05/2014 12:56

What is in your deeds?

Original poster
sweetkitty · 29/05/2014 12:58

Haven't got that far at looking at the deeds.

I did talk to them a while back about moving the fence forward and they agree the large side garden was a waste if space there and they were thinking if doing the same!!!

OP posts:
overmydeadbody · 29/05/2014 12:58

Isn't it something like you are responsible for the fencing to the right of your property? That's what I always thought.

LIZS · 29/05/2014 13:03

First you need to check deeds , but if they are like ours they will be vague about maintenance of boundaries. How old are the houses , if relatively new there may be a protocol , if not it won't necessarily follow any pattern .

PrimalLass · 29/05/2014 13:03

Actually, I am not clear. Are you just adding more fence to their post or moving their fence panel?

Thomyorke · 29/05/2014 13:05

I would not like someone using my posts as it weakens the fences, my old NDN wanted to hang baskets from my post which I refused. You need to find your deeds.

hellsbellsmelons · 29/05/2014 13:06

See, here in lies your problem.
I always thought, looking down your garden, your fence was the one on the left. It is for me anyway.
I think you need to check your deeds.
And then put a post next to theirs and make sure you secure the fence on your side so they get the ugly post on theirs!
Sorry, but I couldn't help being a bit horrible about it if it were me!

PrimalLass · 29/05/2014 13:06

I would just put one right beside it to be difficult.

kappadelta · 29/05/2014 13:07

Check your deeds. Our neighbours to the right when looking out into our back garden are responsible for that fence. Even though the fence posts are in our garden on our property. It's a new build. In all honesty as the posts are in my garden I wouldn't think twice about attached something to the posts but that's just me Grin

yellowdinosauragain · 29/05/2014 13:08

Put a new post next to it with TWAT engraved on it. On your neighbours side. Then tell them as it's your post which you paid for on your land they can't touch it. :o

I wouldn't really do this. But it would be funny. Check the deeds. Then either tell them you have a right to use the post or put a new one in next to it. But without the TWAT.

antimatter · 29/05/2014 13:11

if it is on your land and their decided to pay for it then I guess they should move it if they don't like you using their posts

I don't know what else you can do?

yellowdinosauragain · 29/05/2014 13:11

If who owns the fence isn't in your deeds you should at least be able to see if the post is on your land. Because if it is, or if the fence belongs to you, as far as I remember (happy to be corrected) then you own the fence regardless of whether they paid for it or not.

Tangerinefairy · 29/05/2014 13:12

Sorry, no advice, just empathy! We had a big "fence" situation this time last year with our neighbour! We just had to talk it through over and over again until we reached a compromise. It was a right drama though and the law is not that clear. Our situation was a bit like the one Kappadelta describes.

Original poster
sweetkitty · 29/05/2014 13:13

Looking down at the garden it's the right hand side fence, posts are in our garden but it's their fence. The left hand side fence is definitely the neighbours (don't ask how we know this!)

Yes we are hanging additional fencing off the post not a great deal though as there's already our fencing attached to it.

House is about 12 years old, they moved in from the start so I think they paid extra for the posh fence so that why I think they think the posts are there's. They do upkeep it though (without us asking)

Surely we must own one side fence?

OP posts:
kappadelta · 29/05/2014 13:16

I would get your deeds out and look for the inward T on your boundary. The fence could be yours.

Original poster
sweetkitty · 29/05/2014 13:16

I don't think it is though they paid for it, how does that work?

OP posts:
Original poster
sweetkitty · 29/05/2014 13:18

I don't really care about whose fence it is only this one sodding fence post we want to move a fence 90 degrees from and to be honest before we put a gate in the fence it had the same amount of fencing hanging from it so technically we reduced the weight on it and are now wanting to put the original weight back on!

OP posts:
Fairylea · 29/05/2014 13:20

Agree with the others that you need to check your title deeds with the land registry. If the borders are not marked as belonging to anyone they are a joint responsibility. Personally as much of a hassle as it is I would just put my own post in and make a fence from there then you don't have to consult them at all.

kappadelta · 29/05/2014 13:21

If the fence is on your property regardless of who paid for it, I believe it's still yours Grin

PleaseJustShootMeNow · 29/05/2014 13:26

Very strange for the posts to be in your garden. When you put a fence, the fence normally runs along the boundary so the posts have to be on the owners side otherwise they are pinching a tiny bit of the neighbours land. If they say they own the posts then they're either encroaching on your land or the fence is not on the boundary.

PleaseJustShootMeNow · 29/05/2014 13:28

Actually if the fence is on the boundary, then insist they remove their posts of your land. :o

sunbathe · 29/05/2014 13:33

Best to check your deeds. You don't want any problems when you come to sell the house.

Original poster
sweetkitty · 29/05/2014 13:34

Deeds don't say anything really

Just that the divisional fences have to be maintained jointly.

One of these fences must be ours but which one?

OP posts:
kappadelta · 29/05/2014 13:36

So there is no inward T on your deeds?

Fairylea · 29/05/2014 13:38

If the deeds say the divisional fences have to be jointly maintained then it means just that - they belong to both of you. Ideally you'd consult each other and pay half each for any fence related issues.